Class 11: Constitutional Law Flashcards
Federal power is delegated from the _____, and is thus limited to certain expressly enumerated powers.
Powers not delegated to the federal government are retained by the ___ or the people.
states
3 Branches of Federal Government
Legislative – Art I (Congress)
Executive – Art II (President)
Judicial – Art III (Courts)
Under _______ federal courts have judicial power over all “cases and controversies” that
- Arise under the Constitution, federal law or treaty (federal question jurisdiction)
- Involve the United States
- Arise between citizens of different states + $75K. (Diversity of Citizenship)
Article III
Under ______ Congress has authority, and used it, to create specialized courts (bankruptcy court, tax court)
Article I
The President has what executive powers (5 things)
Presidential appointments Presidential pardons and commutations. Veto powers. Commander in Chief (War powers) Make treaties (with Senate) or Executive Agreements (w/o Senate)
President has _1__ days to veto bill unless Congress is already adjourned whereby __2___ = Pocket veto
1) 10
2) nonsignature
Legislative Powers, Article I:
Congress can only make laws that relate to ________(8 different powers) or are “necessary and proper” to carry them out.
1) Regulate commerce with foreign nations and between states.
2) Spend to provide for common defense and the general welfare.
3) Coin money.
4) Establish post offices.
5) Lay and collect taxes.
6) Issue patents and copyrights.
7) Declare war.
8) Raise and support armies.
When the president Ratified Treaties it becomes ____ Law
Federal
When an Executive Agreement it is considered ___1__ to State law and __2__ to Federal Law
1) superior
2) inferior
___- the Constitution, federal law and treaties take precedence over conflicting state laws.
Supremacy clause
____- holds that state law in direct conflict with federal law (express preemption), or state law in an area where Congress intended to regulate entire area (field preemption) is preempted and thus invalid.
Preemption Doctrine
Fed & State governments are ____ sovereigns
separate
True/False
Criminal cases for the same conduct may be brought by State and Federal prosecutors without violating Double Jeopardy prohibition.
True
________ - Found in Article 1, Section 8 of the Constitution, gives Congress exclusive jurisdiction to regulate commerce with foreign nations, with Indian Tribes and between states.
Commerce Clause
Commerce Clause is the most important source of federal lawmaking authority!!
What are these 3 things?
Dormant or Negative Commerce Clause - States generally cannot make regulations that discriminate against interstate commerce (out of staters) in favor of intrastate commerce (in-staters).
State Laws with Discriminatory Intent (express discrimination in statute) Prohibited.
State Laws with Discriminatory Effect Sometimes Ok, if necessary to serve compelling state interest.
Limits on State Powers
(Applied or Not Applied)
Certain Rights (1st and 4th Amendments, e.g.) ___1___ to the States through the 14th A.
Other Rights (parts of 5th, 7th and 8th Amendments) __2___ to the States
1) Applied
2) Not Applied
With limited exception (13th Amendment), the Constitution only protects against ______, not against action by private individuals.
GOVERNMENT ACTION
Agencies = government
Public schools = government
Government agents = government
Which Amendment is this?
Freedom of Speech/Expression, Press, Assembly,
Free exercise of religion; no gov’t establishment of religion
1st
Which Amendment is this?
Right to keep and bear (most) arms (if not mentally ill or felon)
2nd
Which Amendment is this?
Right against unreasonable gov’t searches and seizures; warrant req’t
4th